Husky Oil Limited v. Canada, 2010 DTC 5089 [at at 6887], 2010 FCA 125 -- summary under Onus

Sharlow, J. A. noted (at para. 52) that as the Minister had assessed the taxpayer under s. 87(4) on the basis that shares received by it on an amalgamation had a nil fair market value, the onus would have shifted to the Minister to establish the fair market value of those shares if the taxpayer had argued that the judge should take judicial notice of the fact that, under the terms of the shares received, they presumably would have had a fair market value of greater than nil.